DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 and 17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "third cell" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation “a sensor” in line 1. Claim 17 additionally depends upon claim 16 which also recites “a sensor”. It is presently unclear if the sensor of claim 17 is intended to be the sensor of claim 16. If the sensor of claim 17 is intended to be the sensor of claim 16 then the applicant should amend claim 17 to avoid an antecedent basis issue.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-13, 18-21 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Straubel (US20090139781A1).
Regarding claim 1, Straubel discloses a battery module comprising: a plurality of cells (14 I) mounted within a housing (18 I) [0329, figs. 49-52, Straubel], the housing having a plurality of openings (20 I) respectively for a corresponding cell [0329, figs. 49-52, Straubel]; a plurality of groups of cells [0341, 0354, 0371, Straubel], each group comprises a plurality of parallel connected cells from among the plurality of cells [0331, 0341, 0354, 0371, Straubel], where the plurality of groups is connected in series [0341, 0355, 0372, Straubel]; and a plurality of current limiting elements (12 I/142 A/144A) [0221, 0328, fig. 16A-B and 49-52, Straubel] , each current limiting element being electrically connected in a parallel path to one or both terminals of cells which are parallelly connected [0221-0223, 0339, Straubel].
Regarding claim 2, Straubel discloses a battery module, further comprising a first set of conductors (140 A, “busbars”) [0220, fig 16A, Straubel], and a second set of conductors (150 A, “busbars”) [0220, fig. 16A-16B, Straubel], the first set of busbars and the second set of busbars being connected to terminals of the cells and wherein the plurality of current limiting elements is integrated into the first set of busbars [0220-0222, fig. 16A, Straubel], the second set of busbars or both the first set of busbars and the second set of busbars [0220-0223, fig. 16A-B, Straubel].
Regarding claim 3, Straubel discloses a battery module, wherein the cells have a first end and a second end [fig. 16A, Straubel], wherein the first set of busbars (140A) are positioned on the first end and wherein the second set of busbars (150A) are positioned on the second end [fig. 16A, Straubel].
Regarding claim 4, Straubel discloses a battery module, wherein the plurality of current limiting elements (142 A/144 A) is connected to both terminals of the cells and wherein the plurality of current limiting elements is integrated into both the first set of busbars and the second set of busbars [0220-0223, fig. 16A, Straubel].
Regarding claim 6, Straubel discloses a battery module wherein the plurality of current limiting elements is configured to prevent thermal runaway from propagating from one cell to another cell [0222, 0328, 0335-0339, Straubel].
Regarding claim 7, Straubel discloses a battery module, wherein the plurality of current limiting elements is a passive element [0222, 0328, Straubel].
Straubel’s description of a “current limiting element” that breaks when a sufficient thermal event occurs reads on a “passive element”.
Regarding claim 8, Straubel discloses a battery module, wherein the passive element is a fuse [0342, 0405, Straubel].
Regarding claim 9, Straubel discloses a battery module, wherein each fuse connects adjacent parallelly connected cells [0221-0223, 0332-0334, fig. 16a-b and 49-51, Straubel].
Regarding claim 10, Straubel discloses a battery module, wherein each fuse is offset with the openings in the housing [fig. 16a-b and 49-51, Straubel].
Regarding claim 11, Straubel discloses a battery module, wherein a short circuit current seen by each fuse for the same group is the same for all of cells within the group [0222, 0339, fig. 16a-b and 49-50, Straubel].
Regarding claim 12, Straubel discloses a battery module, wherein the fuse is a wire in the parallel path of the parallel connected cells [0221-0223, 0328, Straubel], wherein the wire is connected to conductors/collection plates (16I/140A/150A “busbars”) which are connected to the cells [0220-0222, 0328, Straubel].
Regarding claim 18, Straubel discloses a battery pack comprising a plurality of battery modules connected in series [0307-0309, Straubel].
Regarding claim 19, Straubel discloses a battery system comprising a plurality of battery packs of connected in parallel [0232, fig. 19, Straubel].
Regarding claim 20, Straubel discloses an airplane comprising a battery system [0571, 0604, Straubel].
Regarding claim 21, Straubel discloses a battery module comprising: a plurality of cells (14 I) mounted within a housing (18 I) [0329, figs. 49-52, Straubel], the housing having a plurality of openings (20 I) respectively for a corresponding cell [0329, figs. 49-52]; a plurality of groups of cells [0341, 0354, 0371, Straubel], each group comprises a plurality of parallel connected cells from among the plurality of cells [0331, 0341, 0354, 0371, Straubel], where the plurality of groups is connected in series [0341, 0355, 0372, Straubel]; and a plurality of fuses [0221, 0328, 0342, 0405, Straubel], each fuse being electrically connected in a parallel path to one or both terminals of cells which are parallelly connected [0221-0223, 0339, 0342, 0405, Straubel].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straubel as applied to claim 1 above, and further in view of Moore (US20220021080A1).
Regarding claim 5, Straubel teaches of a plurality of cells with a “current limiting element” connected to the positive and negative terminal of the plurality of cells [0220-0222, Straubel].
Straubel is silent to: 1) the positive and negative terminals being on the same end. 2) a first busbar electrically connecting the positive terminal of a first cell with the negative terminal of a second cell. 3) a second busbar electrical connecting the positive terminal of third cell with the negative terminal of a fourth cell. 4) the current limited element is in the parallel path between the first cell and the third cell and the second cell and the fourth cell.
However, Moore discloses a battery module, wherein the cells have a first end and a second end and a positive terminal (53) and a negative terminal (54) of the cells are on the first end [0026, 0055, figs. 3a and 5a, Moore], wherein the battery module further comprises a first busbar (44) electrically connecting the positive terminal of a first cell with the negative terminal of a second cell [0057-0066, figs. 4 and 5a, Moore], where the first cell and the second cell are serially connected [0062, figs. 4 and 5a, Moore], and a second busbar electrical connecting the positive terminal of third cell with the negative terminal of a fourth cell [0062, figs. 4 and 5a, Moore], where the third cell and the fourth cell are serially connect [0062, figs. 4 and 5a, Moore], wherein the connections (46/47, “current limited element”) is in the parallel path between the first cell and the third cell and the second cell and the fourth cell [figs. 4 and 5a, Moore], respectively and connected to the positive and negative terminals of the first cell, the second cell, the third cell and the fourth cell [figs. 4 and 5a, Moore].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Straubel such that 1) the positive and negative electrode were on the same end of the battery cell, 2) a first busbar connected the positive terminal and negative terminal of a first and second cell, 3) a second busbar connected the positive and negative terminal of a third and fourth cell, and 4) the current limiting elements are in a parallel path between the first and third cell and the second and fourth cell. Doing so would allow for one to assembly a battery module by connecting a plurality of battery cells in parallel and series [0060, 0062, Moore].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straubel as applied to claim 7.
Regarding claim 13, Straubel is explicitly silent to using a circuit breaker as a passive element used within a battery module.
However, Straubel does teach that one may use a protective device, such as a circuit breaker as an operable means to disconnect an electrical path when it is switched to the off position and then reconnecting the electrical path when flipped to the on position [0501, Straubel].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Straubel such that the passive element was a circuit breaker. Doing so allows for one to disconnect the electrical path between two objects and then reconnect them [0501, Straubel]
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straubel as applied to claim 1 above, and further in view of Hinterberger (US20190299799A1).
Regarding claim 14, Straubel is explicitly silent to the current limiting element being an active element used within a battery module.
However, Hinterberger teaches of a battery module (24/26/28) comprised of a plurality of battery cells (10/12/14/16/18/20/22) [0074, fig. 1, Hinterberger]. Wherein a sensor for detecting used to detect the state of a cell and a switching element (“active element”) used to drain the energy of a selected battery cell or module when it reaches a hazardous state (e.g. thermal runaway) [0010, 0024-0029, 0032-0036, Hinterberger]. Wherein the switching element was in the form of a contactor, relay, or semiconductor switch [0029, Hinterberger].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Straubel such that the battery module contained a sensor for determining the state of a battery and a switching element (“active element”) such as those disclosed by Hinterberger. Doing so would allow for one to determine the state of the battery and if need to drain the energy from a battery preventing it from operating under a hazardous state [0024, 0032, 0035-0038, Hinterberger].
Regarding claim 15, Straubel as modified above discloses a battery module, wherein the active element is a semiconductor switch, relay or contactor [0029, Hinterberger].
Regarding claim 16, Straubel as presently modified is silent to a processor configured to control the active element to open upon a detection of an event by a sensor.
However, Hinterberger teaches of a control unit (48) connected to the switch unit to open the switching unit (“active element”) upon a detection of an event by a sensor [0077-0078, Hinterberger].
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Straubel such that it further comprised a processor configured to open upon detection of an event. Doing so would allow for one to detect an abnormal state in the battery and deactivate it in terms of its energy storage functions [0077, Hinterberger].
Regarding claim 17, Straubel as modified above discloses a battery module comprising a sensor [0078, Hinterberger].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUINTIN DALE ELLIOTT whose telephone number is (703)756-5423. The examiner can normally be reached M-F 8:30-6pm (MST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 5712705256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUINTIN D. ELLIOTT/Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
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